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IN THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM & ARUNACHAL PRADESH)
ROBIN PHUKAN
Sajal Das, S/o- Jatindra Das – Appellant
Versus
State of Assam, Represented by the Commissioner And Secretary to the Govt. of Assam, Department of School Education (Elementary) – Respondent
JUDGMENT :
ROBIN PHUKAN, J.
Heard Mr. B. Purkayastha, learned counsel for the petitioners.Also heard Mr. B. Kaushik, learned Standing Counsel for the Elementary Education Department, being respondent Nos.1 - 3, Mr. A. Chaliha, learned Standing Counsel for Finance department, being respondent No. 4.
2. In this petition, under Article 226 of the Constitution of India, the petitioners have challenged the communication, dated 18.12.2023 (Annexure-11), issued by the respondent No.1, and also for issuing direction to the State respondents, more particularly to the respondent No.2, to issue appointment orders in favour of the selected candidates, including the petitioners, as per the select list and recommendations of State Level Selection Committee, dated 07.03.2019 (Annexure-8A & 8B) published by the Director of Elementary Education (DEE hereinafter), Assam in compliance of the common order dated 12.07.2018, passed by this Court in WP(C)No.7663 of 2016.
Background Facts:-
3. The background facts, leading to filing of the present petition, is briefly stated as under:-
With a view to fill up 504 numbers of vacancies in Grade - IV, in different Government provincialised upper primary schools in
The retrospective application of administrative guidelines to recruitment processes initiated prior to those guidelines' issuance is unlawful and violates principles of natural justice.
The appointments of Grade-IV staff must comply with statutory requirements, and failure to adhere results in illegality, leading to dismissal without entitlements to remuneration.
The main legal point established in the judgment is the violation of natural justice and the failure to consider all relevant facts and materials in reaching the decision.
Candidates participating in a recruitment process do not have a legal right to appointment if the selection process is found to be flawed and thus invalid.
The main legal point established in the judgment is that the management must adhere to the rules and regulations for the appointment of staff in private schools, including the obligation to ascertain....
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